Smith v. State
Court of Criminal Appeals of Texas
Smith v. State, 542 S.W.2d 150 (Tex. Crim. App. 1976)
1976 Tex. Crim. App. LEXIS 1091
Dally
Smith v. State
Opinion of the Court
OPINION
These are appeals from final judgments forfeiting appearance bonds.
The appellant, a surety on the bonds, asserts there is insufficient evidence to support the judgment because the judgments nisi were not admitted in evidence. A final judgment forfeiting a bail bond must be supported by the judgment nisi. Fears v. State, 500 S.W.2d 815 (Tex.Cr.App. 1973); Purkey v. State, 494 S.W.2d 541 (Tex.Cr.App. 1973); Morgan v. State, 157 Tex.Cr.R. 117, 247 S.W.2d 94 (1952). The State did not offer in evidence the judgments nisi; the State concedes error.
The judgments are reversed and the causes are remanded.
Opinion approved by the Court.
Reference
- Full Case Name
- Frank SMITH v. The STATE of Texas
- Cited By
- 1 case
- Status
- Published